The abrupt dismissal of visa fraud and other charges against five scientists from China in five separate “China Initiative” cases and the FBI reports from the discovery process exposed the weaknesses of the prosecutions, dissension in the FBI’s own ranks, and exaggerated claims of national security risks by the government. July 22, 2021 Table of Contents Overview Non-Armed Uniformed Services in the US “Startling” Claim by Assistant Attorney General John Demers What the Juan Tang Case Revealed What the Lei Guan Case Revealed Links and References Overview In court filings on July 22 and 23, 2021, the Department of Justice (DOJ) abruptly moved to drop visa fraud and other charges against five scientists from China in five separate "China Initiative" cases, including four biomedical and cancer researchers in California and a doctoral candidate studying artificial intelligence in Indiana. U.S. District judges have granted dismissal in three of the five cases. The five Chinese nationals are: Lei Guan (关磊), Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛), Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟), Visiting researcher (cancer), University of California at Davis Xin Wang (王欣), Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯), Doctoral candidate (machine learning and artificial intelligence), Indiana University Prosecutors did not provide explanations in their motions to dismiss. According to multiple media reports, Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” DOJ announced the visa fraud charges against four of the five scientists exactly a year ago on July 23, 2020. Just a day earlier, the U.S. ordered China to close its consulate in Houston, accusing it of being a "spy center" to conduct spying activities with local medical centers or universities. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. Although the DOJ did not provide an explanation for the dismissals, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post , an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Non-Armed Uniformed Services in the US Some of these five prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. Out of the eight branches of uniformed services of the United States, two are non-armed: The United States Public Health Service Commissioned Corps is the uniformed personnel system of the United States Public Health Service, which is under the Department of Health and Human Services. The National Oceanic and Atmospheric Administration Commissioned Officer Corps is a uniformed branch of the National Oceanic and Atmospheric Administration, which is under the Department of Commerce. “Startling” Claim by Assistant Attorney General John Demers On December 2, 2020, The Washington Post reported that John Demers, Assistant Attorney General John Demers claimed that more than 1,000 researchers who had hidden their affiliation with the Chinese military fled the United States. The exodus came in the wake of the arrests of six Chinese researchers accused of lying on their visa applications about their ties to the People’s Liberation Army. The arrests, coupled with the closure of the Chinese Consulate in Houston, which U.S. officials said served as a command-and-control node to direct spying operations, were intended to send a signal to Beijing. The figure was described as “startling” and has not been supported by any factual evidence. What the Juan Tong Case Revealed On July 19, 2021, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial . It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." Specifically, the highlighted response to the question “Is this obfuscation indicative of nefarious intent?” says: Investigations associated with these individuals as well as PLA experts interviewed in the cases cited above suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one’s military service or affiliation. China’s PLA is not a direct analog to how the US military services are set up, especially regarding the PLA’s Civilian Cadre. CTTAU assesses that while some intentional obfuscation is almost certainly being used by the PLA to gain entry into the US, there are grey areas where it is difficult for the FBI and DOS to determine whether obfuscation is intentional or for nefarious tech transfer purposes. Among the Civilian Cadre are a significant number of doctors and nurses and other professionals that at times are required to wear a military type uniform, but who would not necessarily consider themselves soldiers despite being considered as active duty. There are also contract civilians who work for the PLA, but are not considered active duty military. Within investigations it may also appear as if students and scholars from particular MCF-designated and PLA-affiliated universities and institutions are obfuscating their respective affiliations by not declaring military service despite having academic advisors who are PLA officers, but the FBI has an incomplete understanding of the full nature of this student/scholar to academic advisor relationship. What the Lei Guan Case Revealed A partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan on July 12, 2021. It is titled Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students dated March 19, 2021. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests had a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. Jump to: Overview Non-Armed Uniformed Services in the US “Startling” Claim by Assistant Attorney General John Demers What the Juan Tang Case Revealed What the Lei Guan Case Revealed The abrupt dismissal of visa fraud and other charges against five scientists from China in five separate “China Initiative” cases and the FBI reports from the discovery process exposed the weaknesses of the prosecutions, dissension in the FBI’s own ranks, and exaggerated claims of national security risks by the government. Previous Next 8. Five Visa Fraud Cases Dismissed

Three major scientific organizations voiced concerns about racial profiling by publishing an open letter titled "Racial Profiling Harms Science." March 21, 2019 Three major scientific organizations took leadership in voicing its concerns about racial profiling by publishing an open letter titled " Racial Profiling Harms Science " in Science on March 21, 2019. The Society of Chinese Bioscientists in America (SCBA, 美洲华人生物科学学会), The Chinese American Hematologist and Oncologist Network (CAHON, 美国华裔血液及肿瘤专家学会), and The Chinese Biological Investigators Society (CBIS, 华人生物学者教授学会) represent the largest and a rapidly growing professional group for scientists, mostly of Chinese descent, in many biomedical disciplines. The letter expresses concerns about the recent political rhetoric and policies that single out students and scholars of Chinese descent working in the United States as threats to U.S. national interests. It also received a response led by NIH Director Dr. Francis S. Collins, which pledged that "NIH is committed to avoiding overreaction, stigmatization, harassment, and profiling. We will use our influence and bully pulpit as necessary to speak out against such prejudicial actions, for which there is no place in the biomedical research community." Three major scientific organizations voiced concerns about racial profiling by publishing an open letter titled "Racial Profiling Harms Science." Previous Next Major Scientific Organizations Voice Concerns About Racial Profiling

Newsletter - #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More In This Issue #298 · US-China Science Technology Agreement Renewed · Arkansas' Foreign Ownership Restrictions Halted · Senator Andy Kim on Tolerance and Unity · Time CEO of The Year: Lisa Su · News and Activities for the Communities US-China Science Technology Agreement Renewed According to the Washington Post, Reuters, Nature, Science, NBC News, and other media reports, the United States and China renewed but narrowed a long-running science and technology agreement on December 13, 2024, marking continuity in their ties while also accounting for bilateral tensions that are likely to only grow under the incoming Trump administration. The previous agreement expired on August 27, 2024. The U.S.-China Science and Technology Cooperation Agreement, which was first signed in 1979 to enable basic research collaboration between the two countries, will be renewed for five years under altered terms that reflect the fraught reality of today’s U.S.-China relationship, according to statements from the U.S. and Chinese governments.The new version modifies the terms to account for the increased tensions between the two countries, including clarification of rules on data sharing and how to resolve disputes.With new guardrails around research security and transparency, as well as intellectual property protections, the agreement ensures that any federal science and technology cooperation with China “benefits the United States and minimizes risks to U.S. national security,” according to a State Department statement . “This Agreement does not facilitate the development of critical and emerging technologies.” The State Council of the People's Republic of China issued a statement on December 14. The extension of the Agreement Between the United States and China on Cooperation in Science and Technology is in line with the interests of the two peoples, and is what the international community hopes to see, Foreign Ministry spokesman Lin Jian said on December 16.Many scientists are pleased. “The new agreement is a very positive step,” says Deborah Seligsohn , a political scientist at Villanova University. “It’s a signal to U.S. scientists that their government still values a bilateral relationship with China, even one with more guardrails.” Li Tang , a science policy specialist at Fudan University, calls the latest version “a win-win-win for the U.S., China, and other nations that benefit from not having to take sides” in the growing economic and political competition between the two superpowers.The new agreement also covers the safety of individual scientists. According to State Department official, “We don’t want U.S. researchers involved in an innocuous project to be caught up in a situation where some overzealous official harasses them or detains them. We wanted to signal to Congress that we are aware of issues of arbitrary detention and exit bans in China.”Chinese observers think the concern for researcher safety should cut both ways. “Ensuring fairness and safety for Chinese researchers abroad is essential to re-establishing a stable framework for scientific exchange and joint research,” Tang says, citing the harmful effect on Chinese scientists of a campaign launched by the Trump administration to thwart Chinese economic espionage. 2024/12/16 China Daily : Sino-US sci-tech agreement extended 2024/12/14 NBC News: U.S. and China renew science and technology pact amid growing rivalry 2024/12/13 Washington Post : U.S. and China renew science agreement as officials brace for new tensions 2024/12/13 Reuters : Biden administration inks renewed science cooperation deal with China; Republicans cry foul 2024/12/13 Nature : US and China sign new science pact — but with severe restrictions 2024/12/13 Science : United States and China renew science pact despite rising tensions Arkansas' Foreign Ownership Laws Halted On December 11, 2024, the National Agricultural Law Center reported that a U.S. District Court in Arkansas issued a preliminary injunction in favor of Jones Eagle, LLC., or Qimin "Jimmy" Chen , a naturalized U.S. citizen who lives in New York. Chen controls the firm through Eagle Asset Holding Inc., which owns a majority stake in Jones Eagle. The ruling prevents the state from enforcing its foreign ownership laws against the plaintiff until further notice. This followed an earlier temporary restraining order (TRO) granted to Jones Eagle, which halted Arkansas’s enforcement of its foreign ownership laws for 14 days, expiring on December 9, 2024.In its 43-page ruling , the Court found that the Arkansas laws may conflict with federal law and constitutional protections. It rejected the state's motion to dismiss, affirming the lawsuit's jurisdiction and ripeness.The lawsuit, Jones Eagle LLC v. Ward ( 4:24-cv-00990) , was filed on November 13, 2024, in the U.S. District Court for the Eastern District of Arkansas. It challenges Arkansas Acts 636 (2023) and 174 (2024) as unconstitutional. The injunction was granted based on the likelihood that Jones Eagle would succeed on its claims, including arguments about preemption, equal protection, and due process violations. The case continues with a focus on constitutional and federal preemption issues.According to Arkansas Advocate , Jones Eagle filed suit against the state, Arkansas Secretary of Agriculture Wes Ward and Attorney General Tim Griffin . The suit claims the two laws violate the Fourteenth and Fifth Amendments to the U.S. Constitution by denying due process, illegally discriminating against a person based on national origin and depriving a person of just compensation for taking property. The plaintiff is represented by Kutak Rock LLP and Paul L. Hoffman, Director of Civil Rights Clinic, and Robert S. Chang, Executive Director of the Fred T. Korematsu Center for Law and Equality at University of California Irvine School of Law Act 636 , also known as Senate Bill 383, prohibits ownership of property in Arkansas by companies or individuals connected with the Chinese government and several other countries considered adversaries of the United States. It gives the state agriculture department authority to investigate allegations of such ownership and directs the attorney general to take action to force the divestiture of the property through judicial foreclosure. Act 174 , also known as Senate Bill 79, amended the law regulating digital asset mining operations, also known as data centers, and prohibits ownership by “foreign-party-controlled” interests connected to the same countries listed in Act 636.Read more about Senate Bill 383 and other state alien land bills at the Committee 100 tracker for the 2023 legislative session at https://bit.ly/4cqxFfg The Arkansas lawsuit was discussed briefly by Ashley Gorski , Senior Staff Attorney for ACLU, during the alien land laws webinar co-hosted by the Committee of 100 and APA Justice on December 11, 2024. In response to a question from the audience about who should be contacted by individuals impacted by state alien land laws, Gorski suggests that they may contact ACLU and her at agorski@aclu.org . Information about the about the webinar is located here: https://bit.ly/3CEWK9p . A video recording of the webinar is posted at https://www.youtube.com/user/committee100 Committee of 100 Alien Land Laws Tracker ( 2024 , 2023 )APA Justice: Alien Land Bills 2024/12/10 National Agricultural Law Center: Federal Judge Halts Enforcement of Arkansas' Foreign Ownership Restrictions 2024/12/09 Jones Eagle LLC v. Ward (4:24-cv-00990): Redacted Preliminary Injunction Order 2024/11/26 Arkansas Advocate : Arkansas laws targeting foreign ownership of land and data center put on hold Senator Andy Kim on Tolerance and Unity Newly-elected Senator Andy Kim made a poignant observation as he transitioned from the House to the Senate. Reflecting on the House chamber, he shared something that often goes unnoticed: the center aisle—the one the President walks down for the State of the Union, dividing the Republican and Democratic sides—ends at an inscription of the word "Tolerance." "Why 'tolerance'?" he asked.At first glance, tolerance might not seem particularly inspiring. The word can even sound negative, as in tolerating noise or bad behavior. That’s why political leaders often prefer terms like "unity." Why, then, isn’t "unity" inscribed in this central location? After all, the nation's motto, E Pluribus Unum (Out of Many, One), is inscribed on the Capitol Dome, a symbol of national identity.Senator Kim reflected that tolerance offers a unique path toward togetherness while still recognizing the challenges posed by differences. Unlike unity, which can sometimes suggest total agreement or harmony, tolerance acknowledges that differences exist—and that they always will. It does not suggest a melting pot where everyone is the same or a singular sense of what it means to be American. Instead, tolerance embraces the idea that our belief in freedom is more important than our discomfort with how others live their lives."Tolerance exists in the space between unity and disunity," he observed. It rejects the notion that we are enemies and instead fosters respect for one another despite our differences. Tolerance stands against separation and segregation, promoting coexistence over division. Importantly, tolerance is not a weakness. It does not mean compromising one’s values or ignoring hate. As President John F. Kennedy famously said, "Tolerance implies no lack of commitment to one's own beliefs. Rather, it condemns the oppression or persecution of others." Senator Kim acknowledged that building a society grounded in tolerance is not easy. "How do we forge a tolerance that flows in all directions?" he asked. "I don’t claim to have all the answers. But I do think there’s value in the concept and that it should be thought of with similar rigor as we do toward unity."In reframing tolerance as an active and essential value—not merely a fallback from unity—Senator Kim reclaimed the term from its often-dismissive connotations. While unity may inspire, tolerance is the framework that allows a diverse society to function. His remarks invite a deeper engagement with the idea of tolerance, not as an abstract principle, but as a call to action for coexistence and mutual respect. Time CEO of The Year: Lisa Su Lisa Su 蘇姿丰 , the CEO of AMD, was named Time 's 2024 CEO of the Year in recognition of her transformative leadership in the semiconductor industry. Under her guidance, AMD achieved a remarkable turnaround, evolving from a struggling company with stock prices at $3 per share in 2014 to a powerhouse trading at over $130 today. Su's strategic focus enabled AMD to surpass Intel in company value and expand its influence into gaming and artificial intelligence technologies. Time highlighted Su's hands-on leadership style, noting her weekend meetings, detailed review of technical documents, and direct involvement in evaluating prototype chips. Her work ethic and innovation have positioned AMD as a major competitor in the rapidly growing AI chip sector. Su has been lauded as a trailblazer, emphasizing the critical role of semiconductors in shaping the future of AI and other technologies.Su , 55, was born in Taiwan and received her BS, MS, and Ph.D. degrees from MIT. She is cousin of Jensen Huang 黃仁勳 , founder, president and chief executive officer of Nvidia. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/12/22 Rep. Gene Wu's Town Hall Meeting2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. C100 Launches “Master Classes for Organizations: Managing Equity Initiatives” The Committee of 100 is launching a new program under the title of “Master Classes for Organizations: Managing Equity Initiatives” where it will feature experts who will conduct tutorials on various topics related to how organizations (corporate, non-profit, government) can more effectively manage their equity initiatives. Two classes will be held on January 15 and 16, 2025, respectively. This program is separate from the Master Classes for Individuals programs that focus on giving advice to Asian Americans as individuals who are dealing with career ceiling issues. WHAT : “Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment” WHEN: January 15, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speakers: · Joyce Chang , Global Head of Research for J.P. Morgan and Executive Sponsor for J.P. Morgan Chase’s network for employees of Asian heritage (AsPIRE) · Jenny R. Yang , Workplace Equal Opportunity Government Leader, Former Chair of the U.S. Equal Employment Opportunity Commission and Former White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity REGISTRATION : https://bit.ly/4iMC1B8 ***** WHAT : "Master Classes: Asian American Career Lessons – Developing a Personal Brand” WHEN: January 16, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speaker: Jerry Won , CEO of Just Like Media REGISTRATION: https://bit.ly/4ge4gXI 3. SoCal man pleads guilty to hate crime against Asian woman According to AsAmNews and LA Times on December 12, 2024, a Southern California man punched an Asian American woman in the head and shouted slurs at her as she lay injured in the street. Now he has pleaded guilty to a federal hate crime.The victim, who is unnamed in the plea agreement, was walking to work in Culver City at 1 a.m. on June 14, 2021. Jesse Lindsey , 38, described as a homeless man who last lived in Fontana, approached the victim, whom he perceived to be Asian, prosecutors said."You can't say hi to a motherf— white boy?" he reportedly yelled, before punching the victim and knocking her down. According to prosecutors, Lindsey shouted, "You hear what I said?" and referred to the woman using the N-word. "I said good morning, b—." The victim received 11 stitches for her injuries after hitting her head on the street when she fell.He is scheduled to be sentenced in March, 2025. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the APA Justice website at www.apajusticetaskforce.org . As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to www.apajusticetaskforce.org/newsletters . We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF December 17, 2024 Previous Newsletter Next Newsletter

Newsletter - #251 5/6 Monthly Meeting; Rally Against FL SB846; FISA in 2 Years; AANHPI Heritage Month; + #251 5/6 Monthly Meeting; Rally Against FL SB846; FISA in 2 Years; AANHPI Heritage Month; + In This Issue #251 • 2024/05/06 APA Justice Monthly Meeting • Organizer Report on Florida Rally Against SB 846 • Expanded FISA Authorized for Two Years • May is Asian American, Native Hawaiian, and Pacific Islander Heritage Month • News and Activities for the Communities 2024/05/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, May 6, 2024, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman, Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), Two speakers will describe an upcoming forum with the Asian American and academic communities and the Federal Bureau of Investigations (FBI) in Houston, which will be co-hosted by TMAC and the Science and Technology Policy Program, Baker Institute for Public Policy, Office of Innovation at Rice University. • Nabila Mansoor, President, Texas Multicultural Advocacy Coalition (TMAC); Executive Director, Rise AAPI • Kenneth M. Evans, Scholar in Science and Technology Policy, Baker Institute for Public Policy, Rice University In addition, • Rebecca Keiser, Chief of Research Security Strategy and Policy, National Science Foundation (NSF), returns to update us on the JASON report on Safeguarding the Research Enterprise, MacroPolo's Global AI Talent Tracker 2.0, and related activities and development at NSF. The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎, Vincent Wang 王文奎, and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Texas Multicultural Advocacy Coalition The Texas Multicultural Advocacy Coalition (TMAC) is a coalition of multicultural groups in Houston that is dedicated to promoting justice and progress for marginalized communities. Comprising a diverse range of organizations, the coalition works to raise awareness about issues affecting communities of color, advocate for policy changes, and promote collective action to achieve greater equity and social justice. By bringing together different communities and organizations, TMAC aims to create a more inclusive and equitable society for all. Baker Institute for Public Policy, Office of Innovation, at Rice University The Science and Technology Policy Program, Baker Institute for Public Policy, Office of Innovation at Rice University provides a space for policymakers and scientists to engage in substantive dialogue on critical scientific issues facing the U.S. and the world. Through this program, scholars address a broad range of policy issues that affect scientists and their research, as well as the application of science for the public good. Organizer Report on Florida Rally Against SB 846 During the APA Justice monthly meeting on April 8, 2024, Professors Jiangeng Xue 薛剑耿, Zhong-Ren Peng 彭仲仁, and Chenglong Li 李成龙 reported on their organization and observations of the rally against a state law known as SB 846 in Gainesville on March 26, 2024. Professor Xue, Peng, and Li are President, Board Member, and President-elect of the Florida Chinese Faculty Association (FCFA) respectively. FCFA was created about 10 years ago with the original goals of developing collaborations among the faculty members and mentoring the younger members. National and local media including NBC News, AsAmNews, WUFT, and Alligator had wide coverage of the rally. Professor Xue began by outlining the history and current challenges faced by FCFA, emphasizing their shift towards addressing campus influences. During the China Initiative, FCFA met with the provost, the vice president for research, and the president and talked about issues of concern such as compliance and outside activity reports that led to some regulations that may be less intrusive. The SB 846 bill came out of the 2023 legislative session to target academic exchange and collaborations. Despite assurance about SB 846 that students would not be affected, the Board of Governors – the governing body for all state universities in Florida – put out more restrictions including those on hiring graduate students and scholars in October 2023. This has become the focal point of the FCFA fight, prompting FCFA's response, including a rally and media engagement with help from national and local organizations such as the Asian American Scholar Forum (AASF). Over 200 participants, including faculty, students, and national organization representatives, joined the rally, raising awareness and advocating for academic freedom and non-discriminatory hiring practices. FCFA expressed gratitude for the support received, including the Graduate Assistants United, AASF, Advancing Justice | AAJC, APA Justice, UCA, ACLU Florida, and the Brennan Center. FCFA outlined three key requests: restoring faculty hiring rights, upholding academic freedom, and depoliticizing education. Positive outcomes included media attention and strengthened connections between local and national groups. Though direct feedback from the Board of Directors was limited, FCFA remains optimistic about potential amendments. Professor Peng highlighted the establishment of a supportive relationship with the faculty union and participation in a public comment session at the Board of Governors meeting. Professor Li emphasized the importance of national support, a well-structured platform, and individual responsibilities in achieving a successful rally. A summary for the April APA Justice monthly meeting has been posted at. https://bit.ly/3vVMsif . We thank these speakers for their reports and updates: • Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus, nisha.ramachandran@mail.house.gov • Joanna YangQing Derman, Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC • Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), gpkusakawa@aasforum.org • Professors Jiangeng Xue, Zhong-Ren Peng, and Chenglong Li, Florida Chinese Faculty Association (FCFA) • Robert Underwood, Commissioner, President's Advisory Commission on AA and NHPI; Former Chair, CAPAC; Former President, University of Guam • Yvonne Lee, Commissioner, USDA Equity Commission David Inoue, Executive Director, Japanese American Citizens League, was not able to join the meeting. Expanded FISA Authorized for Two Years Authority of The Foreign Intelligence Surveillance Act (FISA) was expanded and extended for two years under the Reforming Intelligence and Securing America Act. This is the text for P.L. 118-49: https://bit.ly/3WbyNOH According to Forbes on April 24, 2024, more than 10 years have passed since Edward Snowden revealed the worst surveillance scandal of the FBI and the NSA in U.S. history. His revelations sparked a vivid discussion—one that can be looked at with more precision now that the heated debate that started one decade ago has settled for the next two years: How can we balance the security and privacy requirements of our modern societies? Snowden brought some of the most intrusive surveillance programs of U.S. authorities to light, the most prominent ones being PRISM, XKeyscore and Boundless Informant. Once the public started to understand how much of their private data they willingly share online is being siphoned off, analyzed and scanned, the question arose whether this form of surveillance is required to keep citizens safe or violate citizens' privacy rights without measurable benefit. Regarding the Snowden leaks, there is only one solution to balancing security and privacy requirements: Privacy rights are indisputable. Governments and authorities must (and can) find ways to combat terrorists and other threats to national security with targeted surveillance measures—not by monitoring the entire population of a country. If we submit to general mass surveillance out of false fears of terrorists, we give up not just our privacy but also our freedom. 100% security is never possible—whether we allow mass surveillance or not. But the best possible security can only be achieved with maximum privacy because the encryption that makes our online life private also protects us from terrorists, such as malicious attackers on the web, as well as state-sponsored surveillance by autocratic countries. Read the Forbes report: https://bit.ly/49ZUWT7 May is Asian American, Native Hawaiian, and Pacific Islander Heritage Month Asian Pacific American Heritage Month originated in June 1977 when Representatives Frank Horton (New York) and Norman Y. Mineta (California) called for the establishment of Asian/Pacific Heritage Week. Hawaii senators Daniel Inouye and Spark Matsunaga introduced a similar bill in the Senate. Both bills passed, and in 1978 President Jimmy Carter signed the resolution. In 1990, President George H. W. Bush expanded the celebration from a week to a month. Asian Pacific American Heritage Month is celebrated to commemorate the arrival in May 1843 of the first Japanese immigrants to the United States and the role of Chinese laborers in the completion of the first transcontinental railroad on May 10, 1869. We celebrate the contributions that generations of AANHPIs have made to American history, society, and culture. This year's theme set by the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders and the Smithsonian Asian Pacific American Center is "Bridging Histories, Shaping Our Future." The Census Bureau produces these facts about the AANHPI populations in 2024: https://bit.ly/3ITFME7 . Here is a sampling of activities across the country: • Chicago • East Bay Regional Park • Houston • Library of Congress • New York City arts and culture • Orlando • Philadelphia • Seattle • U.S. Government News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/04/30 Understanding Implicit Bias and How to Combat It 2024/05/02 AAGEN 2024 Executive Leadership Workshop 2024/05/04 Corky Lee's Asian America: Fifty Years of Photographic Justice Book Tour 2024/05/05 Rep. Gene Wu's Town Hall Meeting 2024/05/06 APA Justice Monthly Meeting 2024/05/13-14 2024 APAICS Legislative Leadership Summit 2024/05/14 Serica Initiative: 7th Annual Women's Gala dinner Visit https://bit.ly/45KGyga for event details. 2. Heritage, Culture, and Community: The Future of America's Chinatowns WHAT: Heritage, Culture, and Community: The Future of America's Chinatowns WHEN: May 22, 2024, 5:00 pm ET WHERE: Hybrid event; 901 G Street NW, Washington, DC 20001 HOST: US-China Education Trust Moderator: Jen Lin-Liu, author Panelists: • Grace Young, cookbook author, culinary historian, and activist • Di Gao, senior director of research and development, National Trust for Historic Preservation • Penny Lee, documentary producer, director, and film editor DESCRIPTION: The panel will examine the importance and preservation of America’s Chinatowns today and delve into DC Chinatown and Chinese food’s unique and evolving role in the nation’s capital. REGISTRATION: To be announced Back View PDF April 29, 2024 Previous Newsletter Next Newsletter

Newsletter - #32 12/02 Webinar; Franklin Tao; 12/07 Meeting; 2020 Census #32 12/02 Webinar; Franklin Tao; 12/07 Meeting; 2020 Census Back View PDF December 1, 2020 Previous Newsletter Next Newsletter

Newsletter - #110 01/30 Webinar on Gang Chen; 2/7 Monthly Meeting; Franklin Tao; Stop Anti-Asian Hate #110 01/30 Webinar on Gang Chen; 2/7 Monthly Meeting; Franklin Tao; Stop Anti-Asian Hate Back View PDF January 31, 2022 Previous Newsletter Next Newsletter

Am I required to answer? Mostly, no. You are generally not required to answer FBI or police questions (except, e.g., if you are asked for identification while driving a vehicle). Do I have the right to consult an attorney first? Yes. You have a right to talk to an attorney. If an FBI agent or police officer asks to speak to you, tell him or her that you want to consult with an attorney first. If you want to talk to the FBI or police, your attorney can respond on your behalf to set up an interview. Can information I give to the FBI without an attorney be harmful? Yes. ANY information you give to an officer without an attorney, even if it seems harmless, can be used against you or someone else. Lying to a federal officer is a crime. Remaining silent is NOT a crime (except in limited situations when you can be required to identify yourself). Am I required to allow the officer into my home? You are NOT required to allow the officer into your home without a warrant. Ask to see the warrant. If the officer does not have one, you do not have to let him/her into your home. However, do not try to stop him/her if he forces his way into your home or office. Simply state that they do not have your permission to enter. Do I have the right to see a warrant if the officer says that they have one? Yes. If the officer says that they have a warrant for your arrest, you have a right to see the warrant. You must go with the officer, but you do not have to answer questions until you consult an attorney. What should I do if I am detained? If you are detained, you should ask for an attorney and remain silent. What are my rights at the airport? Learn about your rights at the airport here . Questioned by the FBI or police? This is a letter to persons who believe they might be contacted by their employer, a funder, or government officials regarding their relationship to the People’s Republic of China. This includes, for example, university professors who have received grants to support their academic activities; researchers in STEM fields working in the private sector; civil servants; and even U.S. military personnel. It also includes individuals regardless of citizenship; holding a green card, having naturalized, or even being a native-born citizen will not protect you from potential problems. The most important message here is: if you have any concerns at all, you should consult with a lawyer as soon as possible, preferably one with specialized expertise. Read full letter Why you need a lawyer Frank H. Wu President Designate, Queens College, The City University of New York KNOW YOUR RIGHTS The FBI and other agencies have been questioning people across the country based on their First Amendment activity and on their race, ethnicity or national origin. Protect yourself by knowing your rights. Learn more Read Frank Wu's letter

On December 2, 2021, MIT Technology Review published two investigative reports on the China Initiative as newly appointed Assistant Attorney General Matt Olsen was conducting a review of the initiative. December 2, 2021 Table of Contents Overview DOJ Changed Its Online Records Matt Olsen to Conduct DOJ Review APA Justice Reported DOJ Change of Records Links and References Overview On December 2, 2021, MIT Technology Review published the first of two investigative reports titled The US crackdown on Chinese economic espionage is a mess. We have the data to show it . According to the report, the US government’s China Initiative sought to protect national security. MIT Technology Review reveals how far it has strayed from its goals. Among its major findings are: The DOJ has neither officially defined the China Initiative nor explained what leads it to label a case as part of the initiative The initiative’s focus increasingly has moved away from economic espionage and hacking cases to “research integrity” issues, such as failures to fully disclose foreign affiliations on forms A significant number of research integrity cases have been dropped or dismissed Only about a quarter of people and institutions charged under the China Initiative have been convicted Many cases have little or no obvious connection to national security or the theft of trade secrets Nearly 90% of the defendants charged under the initiative are of Chinese heritage Although new activity appears to have slowed since Donald Trump lost the 2020 US presidential election, prosecutions and new cases continue under the Biden administration The Department of Justice does not list all cases believed to be part of the China Initiative on its webpage and has deleted others linked to the project. DOJ Changed Its Online Records Also on December 2, 2021, MIT Technology Review published the second of its two investigative reports titled We built a database to understand the China Initiative. Then the government changed its records . Since the US government launched the China Initiative in 2018, the main source of information about it has been press releases on the Department of Justice’s China Initiative webpage announcing arrests, charges, and indictments. But the record is incomplete. APA Justice and other civil rights groups have been tracking the reported cases and changes made to the initiative’s webpage out of concerns about its potential for racial profiling. They have seen gaps and inconsistencies in the DOJ’s messaging. “I’d like to see a balance sheet,” said Jeremy Wu, who held senior civil rights and ethics positions in the US government before co-founding the APA Justice Task Force, one of the groups that is independently tracking the China Initiative. “What did we gain? How many spies did we catch, compared to how much damage that has [been] done not only to individuals, but also to the future of American science and technology?” The MIT Technology Review database is not that balance sheet. But it is an important step toward answering some of the questions Wu poses—questions that the US government has not answered. Rather, it has added to the confusion: two days after MIT Technology Review reached out with a request for comment, DOJ made major updates to its webpage, removing cases that do not support its narrative of a successful counterintelligence effort. A link to the MIT Technology Review database is located here: https://bit.ly/3xYhp5T Matt Olsen to Conduct DOJ Review During a House Judiciary Committee oversight hearing on the Department of Justice on October 21, 2021, Rep. Ted raised the concerns of racial profiling by citing the acquitted case of Professor Anming Hu as an example and requested Attorney General Merrick Garland to review the China Initiative. In response, Garland committed Matt Olsen to conduct a review upon Olsen’s confirmation as the next Assistant Attorney General for National Security. Watch Rep. Ted Lieu’s questions during the hearing: https://www.youtube.com/watch?v=8BcwIK269zs (video from 2:52:28 to 2:57:53) Matthew Olsen was sworn in on November 1, 2021. He filled the position vacated by John Demers. APA Justice Reported DOJ Change of Records On November 24, 2021, APA Justice sent a letter to Attorney General Merrick Garland , making two requests on the pending review of the China Initiative: To ensure credibility and integrity for the review process, we request the Department of Justice (DOJ) to release the official scope and boundaries of the “China Initiative” and a complete list and a formal count of the “China Initiative” cases since the program was launched in November 2018. An unannounced and unexplained update of the DOJ online "China Initiative" report on November 19, 2021 shows the removal of about 20 cases from previous record, including the dismissed or acquitted cases of 7 scientists and researchers - Anming Hu, Qing Wang, Chen Song, Xin Wang, Juan Tang, Kaikai Zhao, and Guan Lei. We request the DOJ to include letters and comments from almost 2,000 faculty members, scholars, and administrators nationwide as part of the thorough review of the “China Initiative.” As of November 23, 2021, a total of 1,959 faculty members from 223 institutions nationwide have endorsed the Stanford letter and joined the call to end the "China Initiative." The nationwide campaign is continuing until the "China Initiative" has ended. The latest counts and comments are posted publicly online at https://bit.ly/3wwrD8A . Jump to: Overview DOJ Changed Its Online Records Matt Olsen to Conduct DOJ Review APA Justice Reported DOJ Change of Records On December 2, 2021, MIT Technology Review published two investigative reports on the China Initiative as newly appointed Assistant Attorney General Matt Olsen was conducting a review of the initiative. Previous Next 11. MIT Technology Review Investigative Reports

Newsletter - #40 Raskin Letter Delivered; "China Initiative;" Presidential Memo; More #40 Raskin Letter Delivered; "China Initiative;" Presidential Memo; More Back View PDF February 1, 2021 Previous Newsletter Next Newsletter

Qing Wang 王擎 Docket ID: 1:20-mj-09111 District Court, N.D. Ohio Date filed: May 12, 2020 Date ended: July 20, 2021 Table of Contents Overview Deletion from DOJ China Initiative Online Report 2021/09/15 Washington Post Report Cleveland Clinic Foundation Held Accountable in 2024 Links and References Overview On May 14, 2020, the Department of Justice (DOJ) announced the arrest of Dr. Qing Wang as a former Cleveland Clinic employee and a Chinese “Thousand Talents” participant. The case was listed under the China Initiative. Dr. Wang was charged with false claims and wire fraud related to more than $3.6 million in grant funding that he and his research group received from the National Institutes of Health (NIH). Cleveland Clinic fired Dr. Wang the same day he was arrested. Dr. Wang was born in China, began his work at the Cleveland Clinic in 1997 and became a U.S. citizen in 2005. He specialized in breakthroughs in heart disease at the Lerner Institute of the Cleveland Clinic—one of the world’s leading research centers. On July 15, 2021, DOJ moved to dismiss its case against Dr. Qing Wang. In a statement, the DOJ explained, "The United States Attorney’s Office moved to dismiss the complaint, without prejudice, against Qing Wang, a.k.a. Kenneth Wang. The Office has made this decision after a review of the case and will decline further comment at this time." The Cleveland Clinic also released a statement saying, “We have fully cooperated with federal law enforcement’s investigation into this matter. Dr. Wang’s employment was terminated following an internal review which revealed violations of Cleveland Clinic and National Institutes of Health (NIH) policies.” On July 20, 2021, U.S. Magistrate Judge William H. Baughman, Jr. ordered the dismissal of Dr. Wang’s case. After DOJ made the motion to dismiss Dr. Wang’s case, it proceeded to delete it from its online report on the China Initiative – a practice that was continued unannounced and without explanation for several months until November 2021 when APA Justice reported it to the Attorney General and MIT Technology Review began to build a database on the online report. On September 15, 2021, the Washington Post published an interview with Dr. Wang, who later restarted his research career at China’s Huazhong University of Science and Technology. On June 21, 2024, Science reported that DOJ reached a settlement with the Cleveland Clinic Foundation (CCF), requiring CCF to pay $7.6 million to resolve allegations of mismanagement involving three NIH grants. This settlement sends a clear message that research institutions will be held accountable for failing to adequately monitor outside support provided to their faculty. Defense attorney for Dr. Wang maintained that his client had followed the rules and voluntarily disclosed his Chinese support. “He told them everything—both NIH and CCF.” The CCF settlement, he added, simply confirmed Dr. Wang’s innocence. Deletion from DOJ China Initiative Online Report The Department of Justice (DOJ) maintained an online report on China Initiative cases since the initiative's launch in November 2018, including Dr. Qing Wang's case. However, after the DOJ moved to dismiss Dr. Wang’s case, DOJ deleted his case from the online report. This unannounced practice of removing dismissed or acquitted cases continued for several months without explanation. On November 24, 2021, APA Justice reported the removal of about 20 cases from its online China Initiative report to Attorney General Merrick Garland. MIT Technology Review brought this practice to light with a published investigative report on December 2, 2021. DOJ ceased to update its online report on November 19, 2021. The end of the China Initiative was formally announced on February 23, 2022. 2021/09/15 Washington Post Report According to the Washington Post on September 15, 2021, in the weeks leading up to his arrest, Dr. Qing Wang was interviewed by the Cleveland Clinic and the National Institutes of Health (NIH) about his grants. He got no indication he was under criminal suspicion. “I was shocked,” he said about his early morning arrest in May 2020. “At that moment,” he said, “I felt that my life was over.” Dr. Wang was the lead investigator on a research project on the genetics of cardiovascular disease, funded by more than $3.6 million in NIH grants. He allegedly neglected to disclose to NIH that even as he was a professor at Cleveland Clinic’s Lerner College of Medicine, he was a beneficiary of the Thousand Talents Program, through which the Chinese government recruits academics in the West whose expertise might benefit Beijing. In an affidavit , FBI agent John Matthews alleged that through the program, Dr. Wang was made dean of the College of Life Sciences at Huazhong University of Science and Technology. The agent said Wang concealed receiving Chinese government grants totaling $480,000 for research that overlapped with his U.S.-funded work. In particular, Matthews alleged, citing NIH information, “the families used in both studies were mostly the same.” Dr. Wang’s lawyer, Peter Zeidenberg, disputed the allegations, saying Wang disclosed his research in China as part of the NIH application and did not use American families for the Chinese study. Dr. Wang also disclosed to the Cleveland Clinic that he was affiliated with the talent program, said Zeidenberg, a former federal prosecutor and a partner at Arent Fox in Washington. “Ultimately this came down to whether the grant forms were filled out correctly,” Zeidenberg said. “The information was all there. It just wasn’t where the NIH was looking.” Over 34 years of research in the United States, including 21 at the Cleveland Clinic, Dr. Wang led a team that discovered the first gene for Brugada syndrome, a disorder causing irregular heart rhythm, which can be fatal — especially in young people. He wanted to stay in the United States because it “has the best environment for science in this area,” and because he thought he would have the most impact in a country where heart disease is the leading cause of death. The arrest terrified Dr. Wang, his wife, Qiuyun Chen, and their two daughters. “We worked so hard day and night just trying to understand how to prevent human disease,” said Chen, who also came to the United States in 1986 to study and was a member of Dr. Wang’s Cleveland Clinic research team. “And you never think this would be criminal.” Cleveland Clinic Foundation Held Accountable in 2024 According to a report by Science on June 21, 2024, the U.S. Department of Justice (DOJ) has signaled that research institutions will be held accountable for oversight failures. In a settlement reached on May 17, 2024, the Cleveland Clinic Foundation (CCF) agreed to pay $7.6 million to resolve allegations of mismanaging three National Institutes of Health (NIH) grants. As part of the settlement, a senior CCF administrator must personally attest to the accuracy of all NIH submissions, a significant responsibility. The case began in 2018 when NIH investigated CCF cardiovascular geneticist Dr. Qing Wang, based on an FBI list of scientists allegedly receiving Chinese funding. Following a CCF investigation, NIH suspended Dr. Wang’s $2.8 million grant in April 2020, and CCF terminated his employment. Dr. Wang was arrested in May 2020 under the China Initiative but was later cleared when the DOJ dropped the charges in July 2021 without explanation. Dr. Wang’s lawyer maintained that Dr. Wang had disclosed all necessary information to NIH and CCF, asserting his client's innocence. The CCF settlement follows earlier civil settlements with the Van Andel Institute, where scientists were not criminally charged, amounting to $6.6 million in 2019 and 2021. Previous Item Next Item

Newsletter - #30 More On 12/02 Webinar; Presidential Transition; Happy Thanksgiving #30 More On 12/02 Webinar; Presidential Transition; Happy Thanksgiving Back View PDF November 23, 2020 Previous Newsletter Next Newsletter

Newsletter - #212 10/2 Meeting; Section 702 Reforms; Anti-Asian Racism in the US; 2020 Census Data; More #212 10/2 Meeting; Section 702 Reforms; Anti-Asian Racism in the US; 2020 Census Data; More In This Issue #212 2023/10/02 APA Justice Monthly Meeting Report on The Warrantless Surveillance Program and Section 702 Reforms Report on Anti-Asian Racism in The United States 2020 Census Data for Nearly 1,500 Detailed Race and Ethnicity Groups, Tribes and Villages News and Activities for the Communities 2023/10/02 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, October 2, 2023, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna Derman , Director, Advancing Justice | AAJC; Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), and Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所, confirmed speakers will also include: Nancy Chen , Founding President, Chinese American Women in Action (CAWA) on the history of CAWA and its interests and concerns in Illinois and national issues Andy Wong , Managing Director of Advocacy, Chinese for Affirmative Action, on the coalition letter on Section 702 reforms, responses, and related CAA activities such as the recently launched "Stop The Blame" campaign Haipei Shue (薛海培) , President, United Chinese Americans, on the recent hearings of Professor Feng " Franklin" Tao 陶丰 's appeal in the 10th Circuit Court of Appeals in Denver and the administrative trial of New York Police Department Officer Baimadajie Angwang 昂旺 in New York City (new addition) The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org NOTE : A shutdown of the federal government happens when Congress fails to pass some type of funding legislation that is signed into law by the president. Funding expired on September 30, 2023, but a 45-day stop-gap bill was signed into law at the last minute to continue government operation until November 17, 2023. Report on The Warrantless Surveillance Program and Section 702 Reforms On September 28, 2023, the Privacy and Civil Liberties Oversight Board (PCLOB) released a 297-page report titled "Report on The Surveillance Program Operated Pursuant to Section 702 of The Foreign Intelligence Surveillance Act." According to The Hill on October 1, 2023, "the PCLOB report reveals deep divisions among its five members on how to reform Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless surveillance of foreigners abroad. "In a departure from precedent, the report did not reach unanimous conclusions about how to update the law, a confusing prospect as a Congress divided on Section 702 stares down an end-of-the-year deadline to renew it. "The board’s two Republican-appointed members voted against its release, said its findings should not be attributed to them and attached their recommendations in a 56-page annex that read almost like a second report. "Civil liberties advocates have long viewed Section 702 as a backdoor for gaining access to information on Americans, whose communications get swept up in searches as they speak with those being surveilled abroad. It’s a factor they see as a violation of Sixth Amendment rights and a particular risk to Black and other communities of color. "The report, however, includes a third rail for the intelligence community — a suggestion the intelligence community first get a court order before reviewing any intel gleaned on Americans. "Doing so, PCLOB’s majority writes, would offer the 'most critical safeguard for Americans’ privacy rights.' "The FBI spied on 119,000 Americans last year, a sharp decline that reflects changes in FBI policy for how the agency accesses the information of citizens swept up in other searches. Still, an unsealed opinion from the Foreign Intelligence Surveillance Court, the entity that would oversee the court order process recommended by the report, recently unsealed an opinion showing a string of abuses, including reviewing information on elected officials. "The inclusion of a recommendation to get a court order before reviewing information gathered on Americans and permanent residents was celebrated by civil liberties groups that have long pushed for such a requirement. " Elizabeth Goitein , senior director of the Liberty and National Security Program at the Brennan Center for Justice at New York University, called the report an 'ironclad case for requiring a probable-cause order for U.S. person queries.'" On September 14, 2023, a coalition of 52 Asian American organizations wrote to Congress to oppose the renewal of Section 702 of FISA unless significant revisions are put into place. The letter, led by Asian American Scholae Forum (AASF), Advancing Justice | AAJC, and Chinese for Affirmative Action (CAA) and Stop AAPI Hate, wrote "with a sense of urgency and a shared commitment to safeguarding the principles of justice, equality, and privacy in our nation. As Asian Americans and allies, we understand all too well the perils of unchecked national security programs and the historical discrimination our community has endured. Our shared history serves as a poignant reminder of the dangers of racial profiling and prejudice in the name of national security." Read the coalition letter: https://bit.ly/3LkEmnt . Read the PCLOB report: https://bit.ly/3PEutm3 . According to the American Civil Liberties Union (ACLU) , in May 2017, Professor Xiaoxing Xi 郗小星 filed a lawsuit against the lead FBI agent in the case, Andrew Haugen , and other agents, alleging that they made knowingly or recklessly false statements in support of the investigation and prosecution. Xi’s wife and oldest daughter later joined the case. The ACLU joined the case in October 2017. The lawsuit asks the court to award damages and to declare that the defendants violated the plaintiffs’ Fourth and Fifth Amendment rights. It also asks the court to order the government to return or delete any of the Xis’ communications that it obtained during the investigation. The Third Circuit Court of Appeals allowed Xi and his family to pursue their lawsuit against the U.S. government in May 2023. Report on Anti-Asian Racism in The United States On September 27, 2023, the U.S. Commission on Civil Rights (USCCR) released its 2023 statutory enforcement report, The Federal Response to Anti-Asian Racism in the United States . The report assesses the rise in anti-Asian hate crimes in the U.S. from 2019 through 2021, and the federal role in preventing and enforcing federal hate crime laws. According to USCCR, the report examines three main areas: 1) national trends and data regarding the rise of hate incidents and hate crimes against members of Asian communities; 2) local and state law enforcement’s prevention and reporting practices regarding hate crimes; and 3) federal efforts and policies that encourage greater participation in reporting hate crime incidents, as well as prosecution and enforcement efforts to prevent hate crimes. The report highlights that language barriers hinder the reporting of incidents, and many incidents, even if they don’t meet legal hate crime criteria, still evoke fear and are not accounted for in official statistics. A major impediment is the lack of comprehensive data and reporting in understanding the severity of hate crimes against individuals of Asian descent. The report notes that the transition to the National Incident-Based Reporting System has been slow for some agencies, leading to incomplete data. The Commission proposes a “holistic strategy” to combat anti-Asian hate incidents, including improvements in data collection, legal enforcement, community support and education initiatives. It recommends urging prosecutors and law enforcement to vigorously investigate and prosecute hate crimes against Asian Americans and providing first responders with training on identifying hate crimes. It also highlights the need to address language barriers in federal, state and local law enforcement agencies and victim services. The U.S. Commission on Civil Rights is an independent, bipartisan agency established by Congress in 1957. Its mission is to inform the development of national civil rights policy and enhance enforcement of federal civil rights laws. Read the USCCR report: https://bit.ly/3ZB9llm 2020 Census Data for Nearly 1,500 Detailed Race and Ethnicity Groups, Tribes and Villages On September 21, 2023, the U.S. Census Bureau released 2020 Census population counts and sex-by-age statistics for 300 detailed race and ethnic groups, as well as 1,187 detailed American Indian and Alaska Native (AIAN) tribes and villages. On the Asian Population Among Asian respondents, Asian Indian was the largest alone group (4.4 million) and Chinese, except Taiwanese the largest alone or in any combination group (5.2 million). Filipino (4.4 million), Vietnamese (2.3 million), Korean (2.0 million), and Japanese (1.6 million) all had alone or in any combination populations over 1 million in 2020. The Nepalese population was the fastest growing Asian group among those with populations of 50,000 or more in 2010. The Nepalese alone population increased 295.5% from 51,907 in 2010 to 205,297 in 2020, and the Nepalese alone or in any combination population grew 269.0% from 59,490 to 219,503 over the decade. On the Native Hawaiian and Other Pacific Islander Population Native Hawaiian was the largest Native Hawaiian and Other Pacific Islander (NHPI) alone group (199,880) and alone or in any combination group (680,442). Nearly all NHPI groups grew from 2010 to 2020. The Chuukese alone population was the fastest growing NHPI alone group, increasing 296.2% to 10,500 in 2020. The fastest growing NHPI alone or in any combination group was Papua New Guinean, which increased by 249.3% to 1,453 people during the decade. Read the Census Bureau news release: https://bit.ly/3rAYGdQ . Read the breakdown on the Asian population: h ttps://bit.ly/3PwxDby News and Activities for the Communities 1. Community Calendar The APA Justice Community Calendar is located on the front page of the APA Justice website at https://www.apajustice.org/ . Upcoming Events: 2023/10/02 APA Justice October Monthly Meeting 2023/10/08 Rep. Gene Wu's Weekly Town Hall Meeting 2023/10/12 Expert Panel on Open Data for Racial Equity 2023/10/12 C100 Webinar - Race-Based Admissions and the Supreme Court Court: An Asian American Perspective 2023/10/12 The FBI and Chinese Americans - From the Investigation and Defense Frontline 2023/10/15 State Legislature 101 Training 2023/10/15 Rep. Gene Wu's Weekly Town Hall Meeting 2023/10/22 Rep. Gene Wu's Weekly Town Hall Meeting Visit https://bit.ly/45KGyga for event details. 2. 2023/10/12 Webinar: The FBI and Chinese Americans WHAT: On-site event - The FBI and Chinese American Community: Stories and Tips from the Investigation and Defense Frontline WHEN: Thursday, October 12, 6:30 - 8:30 pm PT WHERE: Santa Clara University School of Law, 500 El Camino Real, Santa Clara, CA 95050 HOSTS: The Chinese American Lawyers of the Bay Area (CALOBA) and the Chinese American Semiconductor Professional Association (CASPA) DESCRIPTION: "A conversation with the FBI on criminal trade secret theft at the Santa Clara University School of Law. As members of the Chinese American community, we are committed to protecting our shared interests and promoting a safe and prosperous environment for all. Please join us and learn some frontline stories and practical tips offered by our distinguished panelists based on their decades of experience in the field!" REGISTRATION: https://bit.ly/46cHiei 3. Foreign Affairs Essay: The Dysfunctional Superpower According to a Foreign Affairs essay on September 29, 2023, a looming government shutdown, a partisan impeachment inquiry, and the former president facing multiple felony charges across four criminal cases. Add to this chaos a presidential election and it’s fair to say that the U.S. political system will be preoccupied with its own drama and division for some time. Such paralysis could not come at a worse time. The United States should be in a strong position to deter Russian President Vladimir Putin and Chinese President Xi Jinping —but “dysfunction has made American power erratic and unreliable, practically inviting risk-prone autocrats to place dangerous bets,” the essay said. “The United States finds itself in a uniquely treacherous position: facing aggressive adversaries with a propensity to miscalculate yet incapable of mustering the unity and strength necessary to dissuade them.” Only by working together can U.S. leaders contend with such grave threats. And “therein lies the rub.” Robert M. Gates , author of the essay, is former U.S. Secretary of Defense. Read the Foreign Policy essay: https://fam.ag/3LNONjN Back View PDF October 2, 2023 Previous Newsletter Next Newsletter